Minutes of the


December 1, 2003




PRESENT:                             Bill Bedford, Judy Cater, Judy Dolan, Bonnie Ann Dowd, MaryAnn Drinan, Martha Evans, Brent Gowen, Barb Neault Kelber, Teresa Laughlin, Stan Levy, Dennis Lutz, Maria Miller, Marilee Nebelsick-Tagg,  Sue Norton, Perry Snyder, Dan Sourbeer, Steve Spear, Sara Thompson, Fari Towfiq, Katie Townsend-Merino, Anne Voth, Tamara Weintraub


ABSENT:                               Sherry Gordon


GUESTS:                                Kate Clark, Dan Finkenthal, Marty Hittelman, Judith Ivey, Mary Millet, Deborah Paes de Barros, Lance Pincha


CALL TO ORDER:               The meeting was called to order by the president, Steve Spear, at 2:00 p.m., in Room SU-30.


Election Results:                  Steve Spear announced that Anne Hohman was recently elected as the newest member of the Senate with a term through May, 2005.


Proxy Votes:                          Bonnie Dowd holding a proxy for Sherry Gordon.


Approval of Minutes:         The minutes of November 24, 2003, were approved as presented.


Motion 1                                MSC Nebelsick-Tagg, Cater: To suspend the agenda to discuss information items A & G, Statewide Academic Senate/Joint Technical Assistance, and Procedures for hiring the next college president.


Procedures for Hiring the

next College President:        Copies of the tentative search process timeline for hiring the next college president were distributed. Sara Thompson indicated that two possibilities were discussed by the faculty council: 1) using the timeline (with some suggested changes) proposed by Dr. Amador and Human Resources based upon procedures followed when Dr. Amador was hired; or 2) using the timeline (with some suggested changes) proposed to hire an interim president to allow more time for the process to hire a permanent president. Either way, faculty will be needed to serve on either committee.  It was suggested that volunteers be solicited, then a poll of the faculty be conducted to get input as to who should be appointed to the committee, and the Senate would appoint based upon the results of that poll.


                                                Many were not comfortable with the proposal to have some of the process occur over the summer months.


                                                Discussion followed on the timeline proposed. Senate members agreed that the call for volunteers to serve on the Search Committee should wait until it was known whether the Governing Board will search for an interim or fill the position permanently. Faculty input should also be solicited and provided on whether a search firm should be used in the process. It was discussed that a search firm is an expensive and selective process of identifying applicants. This item will be brought back for further discussion/action on December 8.


Motion 2                                MSC Dowd, Laughlin: To extend the meeting until 3:30 p.m.


Statewide Academic

Senate/Joint Technical

Assistance:                           Steve Spear welcomed Kate Clark, State President, Academic Senate, California Community Colleges, and Marty Hittelman, President, Community College Council of the California Federation of Teachers. The Senate has been grappling with several issues this past year, particularly with regard to the Brown Act and how the Senate conducts business personally and as a body of elected officials.  Ms. Clark and Mr. Hittelman were invited to provide clarification on many of these issues.


                                                Daniel Finkenthal thanked Ms. Clark and Mr. Hittelman for attending the meeting. He read from a copy of an email sent by Senate President, Steve Spear, to Ms. Clark and Mr. Hittelman.  Dan F. stated that he felt the email set a false pretext for their presence here today, adding that they may end up legitimating some really serious problems that we have here at Palomar. He added that he hoped the state level of the Statewide Academic Senate would become involved in the issues here, including impinging on academic freedom and the precedence it sets, and ruining and giving away to the administration our tenure and evaluation process. Dan F. felt that things that only an academic body can give them are happening thereby delegitimizing the whole spirit of AB1725 and the concept of shared governance. He asked for a motion from the Senate body to take some kind of disciplinary action towards the Senate President no short of removal from his position on the Senate. He also informed those present of complaints filed against him (Dan F), stifling his free speech and preventing his participation in this meeting.  There was no discussion on the issues raised by Dan F. as he had to leave the meeting.


                                                Marty Hittelman and Kate Clark discussed the following issues at length with the members of the Senate:


·         The relationship between the Faculty Senate, The Faculty, and the union, including negotiations, the grievance process, and benefits.

·         The use of email for Senate business. Generic information on a particular agenda item can be distributed to the Senate as a whole but the Senate needs to be careful about in depth discussions on a particular item, particularly when it is being discussed by more than those Senators able to pass a motion.

·         The procedure for posting and distributing agendas and minutes for Senate and committee meetings.

·         The use of Executive Sessions during Senate meetings.

·         The procedure of presenting items for information first, followed by action at the next meeting.

·         The use of electronic voting. All voting which occurs during a Senate meeting must be done during an open meeting where the public can be present. The use of electronic voting for appointing faculty members to the Senate body is a process being used by many colleges.  The clarification being that the faculty elects the Senators and because the faculty is not an elected body, they can in fact elect their Senators by secret mail or electronic ballot.

·         The use of proxy votes and whether they’re legitimate.

·         Whether emails sent to colleagues are considered private. Marty indicated that there is much debate on this issue throughout the state.  He said unless there is some specific language in a contract between faculty members and the district specifically stating the expectation of privacy, it should be assumed that information provided in an email is not protected and therefore is going to be public. This relates to the relationship between the district and faculty only.  Faculty to faculty emails should have a reasonable expectation of privacy. However, Marty and Kate suggested that there be a statement of ethic, professional behavior and privacy in the bylaws of the Faculty Constitution.

·         The Full-Time Faculty Obligation. There will be no increase for fall 2004 because no COLA will be offered this year so the fall 2004 obligation will be the same as the fall 2003 obligation.

·         The parity monies for the part-time faculty and the 50% rule. There needs to be clarification on this issue as these funds may “go away” after January 1, 2004.


Senate members thanked Mr. Hittelman and Ms. Clark for attending the meeting and providing clarification on so many issues.


ADJOURNMENT:               The meeting was adjourned at 3:55 p.m.


                                                Respectfully submitted,


                                                Bonnie Ann Dowd, Secretary